LAWYER WANTS ME TO WRITE a narrative statement help!
Date: Fri, 04/18/2008 - 22:18
this is for vacating a default judgement for improper service of summons. i'm trying to tell the judge why i didn;t appear and why i don;t owe this debt.
my defense is it's a 7 years old credit card debt in illinois which i believe in illinois it's a 5 years statue of limitation.
Is this a lawyer from a Collection Agency, or your lawyer? Some
Is this a lawyer from a Collection Agency, or your lawyer? Someone with more experience will come along and answer.
Your vacating the judgment due to improper service, it would sim
Your vacating the judgment due to improper service, it would simply mean that you were not served properly and that you didn't know to show up until well after the fact. Using SOL as your defense is simple, but you use that if they sue you again (once they've actually served you properly), then during discovery phase you request them to produce documents showing when the last payment was made, documents from the original creditor that is, such as a statement. You may wish to see if you can obtain proof of the last date of activity as well. Also, you are right, for open ended accounts (such as credit cards) the SOL is 5 years.
When you say the "lawyer wants you to write something", WHO are
When you say the "lawyer wants you to write something", WHO are you referring to?? Your lawyer or the attorney for the plaintiff?
As a matter of "advice", NEVER admit that you owe the money or concede when you last made a payment. It is the Plaintiff's responsibility to prove that. In your case, it should be relatively easy to show when the account went into default (the Plaintiff has this information).